| 单词 | writ of elegit |
| 释义 | > as lemmaswrit of elegit 1. In full writ of elegit. A writ of execution by which a creditor is put in possession of all or some of the goods and lands of a debtor, until his or her claim is satisfied.The writ of elegit was established by the Statute of Westminster II (1285), c. 18, which specified that a creditor was entitled to all the goods (except for oxen and beasts of the plough) and half the lands of a debtor; in 1838 this was extended to all the lands, and in 1883 restricted to the lands alone. In the United Kingdom the writ was abolished by the Administration of Justice Act 1956. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs against debtor elegit1455 letters of horning1536 quo minus1598 extent1630 1455 Petition in Rotuli Parl. (1767–77) V. 333/1 The said Tresorer may have upon this Act..Writtes of Fieri fac[ias], Elegit, or Capias ad satisfaciend[um]. 1504 Rolls of Parl.: Henry VII (Electronic ed.) Parl. Jan. 1504 §34. m. 24 To sue execucion..by write or wryttes of elegit. 1632 in S. R. Gardiner Rep. Cases Star Chamber & High Comm. (1886) 124 He tooke forth an Elegit for the rest of the Judgment. 1672 T. Manley Clerks Guide i. 98 The said T. H. in Michaelmas Term last, did take and sue forth Execution by Writ of Elegit, directed to the then Sheriff of the said County of W. 1767 W. Blackstone Comm. Laws Eng. (ed. 2) II. 331 A use could not be extended by writ of elegit, or other legal process, for the debts of cestuy que use. 1796 J. Anstey Pleader's Guide i. 54 Quare clausum fregit May breed a monster call'd Elegit. 1809 T. E. Tomlins Jacob's Law-dict. Elegit from the words in the writ, elegit sibi liberari, because the plaintiff hath chosen this writ of execution. 1875 K. E. Digby Introd. Hist. Law Real Prop. v. 207 The writ..has ever since the Statute of Westminster II been called the writ of elegit. 1920 H. Spencer Some Princ. Real Prop. Acts W. Canada ix. 156 The English writ of elegit has never run in Western Canada. 1973 Mich. Law Rev. 71 694 An elegit issued upon a judgment in debt against an heir upon a bond by the ancestor binding the heir, was a ‘special’ elegit and could be extended on all the inherited land. 2003 Afr. News (Nexis) 4 Apr. When the institute failed to settle the debt, Lusen Distributors obtained an order of elegit. < as lemmas |
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